locks you out with all your things inside can I take him to court??????
2006-12-05 10:08:38 · 23 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
It varies by state and you need to find out the tenant laws in your state. There should have been some sort of eviction notice served to you before they could do this legally. If not you can enter your dwelling and remove your belongings.
2006-12-05 10:13:18 · answer #1 · answered by twincerelymel 3 · 0⤊ 1⤋
(No)
Your "Lease" states that you are to pay the full amount of rent on a certain day,and there may be a "clause" stating that you are also given 30 more days to complete the payments. Once you signed the Lease,you've made a "Legal Promise",to pay rent on time. After 4 months,I'm sure your Landlord has given you a notice telling you about the "Back Payments",and how much time you had to catch up. As of now, you (or whomever your talking about),has been evicted!. As far as taking this to Court,HE CAN TAKE YOU!. You will be the one sued for "Non Payment of Rent". (Note) Have you tried asking your family,friends or co-workers for help?
2006-12-05 10:25:46 · answer #2 · answered by Squeakers 6 · 0⤊ 0⤋
nope, sorry dear! you should be lucky he let you do that for 4 months! If you take him to court, you'll be ordered to pay him the money back in return for your things I would assume, so only if you can pay him what you owe him will he return your things. You signed the contract that stated when rent was due and what the consequences of late rent were, so take a look at your contract to make sure he has not violated anything. Also, he must have given you an eviction notice--the minimum number of days he must give you to move out depends on which state you live in (30 days in California). Try searching your state government website for a Landlord-Tenant Handbook that will have all the laws and details on what your rights are as a tenant and what your landlords rights are for regaining his property when you fail to pay rent.
2006-12-05 10:13:08 · answer #3 · answered by superstar_81882 5 · 1⤊ 0⤋
I think i speak with all the other people on here. You were basically living there illegally for 4 months (I don't even know how you can do that?!?!) Find a way to get yourself back on track by living rent free with a family member or something. You will need to pay the landlord fully. Court wouldn't help, you would just owe more money you probably don't have.
2006-12-05 10:20:14 · answer #4 · answered by Laurali 2 · 0⤊ 0⤋
No you cannot take him to court. Sorry hun, you got EVICTED. This is perfectly legal for your landlord to do. He owns the property... plain and simple. Because you didn't pay rent, he evicted you. You literally broke your lease agreement by not paying the full rent each month. Be lucky he was even cutting you a break by letting you pay "a little here and a little there."
The only way out of this is to pack your belongings and move on. By law, he cannot steal your stuff. You may have to get a police accompaniment in order to get your belongings back... because you were evicted, you will be trespassing. Next time someone cuts you a break... don't take advantage of them!
2006-12-05 10:13:02 · answer #5 · answered by Anonymous · 1⤊ 0⤋
An eviction can ensue for motives different then no longer paying employ. Violating the condo or employ contract. Any clause in it. also, in case you've been given a 30 or 60 day be conscious to vacate, that isn't unavoidably an eviction, that is a be conscious to vacate with the aid of a particular date. If youd on't comply, then you definately get the eviction be conscious and the eviction procedure receives all started. i'd ask the owner why they're evicting you, even though it will be reported on the knowledge. If that is a employ contract violation, you in many situations have a particular style of days to rectify the problem.
2016-11-23 18:49:33 · answer #6 · answered by obyrne 4 · 0⤊ 0⤋
U better do something within 60 days. Your landlord should of given u a notice warning. Like be out in 60 days.
U need to call a deputy to go with u to get your belongings,they are yours.
U need to just pay the landlord what u owe soon or trade like give them the fridge u left behind for the rent.
2006-12-05 10:15:21 · answer #7 · answered by sunflare63 7 · 0⤊ 0⤋
Everyone is giving you different advice because it's different in different areas. Most areas have non-profit tenant-landlord services to advise you.
In California, a landlord cannot accept partial payments of rent and lock you out. The only way they can evict you is with a 3-day notice to pay or quit.
2006-12-05 10:25:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
This is an illegal eviction. He can not lock you. He needs to take your to court and a judge would order you out. So yes you can take him to court but be prepared for the judge to award back rent to the landlord.
2006-12-05 14:49:43 · answer #9 · answered by Holly C 3 · 0⤊ 0⤋
The landlord has to go through a proper eviction process including court and all. So what he has done is not right. Call the police because you do have squatters rights. And you do have rights to your belongings. If the landlord gets rid of your things they are definitely in big trouble. Call the police on them.
2006-12-06 01:35:10 · answer #10 · answered by jwils509 3 · 0⤊ 0⤋
Honestly - it is your own fault for not paying your rent. He has every right to have you evicted but cannot lock you outside of your house with your things inside. He can give you an eviction notice to be out within 7 days but that would mean you would be thrown out with all your stuff as well. I would get in touch with your local rental authority and sort it out with them. They will be able to inform you of all your rights.
2006-12-05 10:12:51 · answer #11 · answered by thedisco2 2 · 0⤊ 0⤋